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O93-05ORDINANCE NO. 93-3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES, ARTICLE II, EMPLOYEES PENSION PLAN, DIVISION 5, ADMINISTRATION OF THE PLAN TO DESIGNATE THE PLAN AS A QUALIFIED PLAN UNDER SECTION 401 OF THE iNTERNAL REVENUE CODE AND DESIGNATING THAT THE PLAN BE AN EXEMPT ORGANIZATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE; PROVIDING FOR ADMINISTRATION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 415 OF THE INTERNAL REVENUE CODE; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILiTY AND AN EFFECTIVE DATE. WHEREAS, the City submitted a request to the Internal Revenue Service to change the pension plan for general employees from a post-tax to a pre-tax status; and WHEREAS, the Internal Revenue Service issued a favorable determination letter to the City approving the request; and WHEREAS, the proposed change is beneficial to the City and the employees covered by the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section I. That Chapter 18, Article II, Division 5 of the Code of Ordinances of the City of Boynton Beach, Florida is hereby amended by adding a new Section 18-154, as follows: Sec. 18-154. Qualified Pension Fund. a. The City intends the pension fund to be a qualified plan under section 401 of the Internal Revenue Code, as amended, and that the trust be an exempt organization under section 50! of the Internal Revenue Code. The Board of Trustees shall administer the pension fund so as to fulfill this intent. b. Other provisions of this ordinance notwithstanding, the Board of Trustees shall at all times administer the retirement system in compliance with the provisions of section 415 of the Internal Revenue Code which are applicable to public employee retirement plans. In determining maximum benefits under section 415, "compensation" shall have the meaning given such term by section 415(c)(3). In the event that a member belongs or belonged to a defined contribution plan sponsored by the City, the benefits payable under this ordinance shall be reduced if necessary to comply with section 415(e), if applicable. c. Notwithstanding any provision in this ordinance to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Code Section 401(a)(9) and the regulations thereunder (including Regulation 1.401(a)(9)(2), the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him not later than April 1st of the calendar year following the later of (i) the calendar year in which the member attains age 70-1/2 or (ii) the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April 1st as determined under the preceding sentence and must be made over the life of the member (or the lives of the member and the member's designated beneficiary) or the life expectancy of the member (or the life expectancies of the member and his designated beneficiary) in accordance with the regulations. (2) Distributions to a member and his beneficiaries shall only be made in accordance with the incidental death benefit requirements of Code Section 401(I)(9)(G) and the regulations thereunder. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof~ any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid~ such decision shall not affect the remainder of this ordinance. Section 4. ordinance. Section 5. This immediately upon passage. FIRST READING this 1993. Authority is hereby granted to codify said ordinance shall become effective ~0 day of April, 1993. / SECOND, FINAL READING and PASSAGE this ~ day of May, CITY OF BOYNTON BEACH, FLORIDA ssio Comm¢~6ner ATTEST: (CORPORATE SEAL) Pens.Ord 4/16/93